HomeMy WebLinkAbout04/23/97
TAPE #1458
CITY COUNCIL MEETING MINUTES
APRIL 23, 1997
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, April 23, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees,
Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al
Colvin. Also present were City Attorney Ian Sievers and Deputy
City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Reverend David Welch of
Chico Alliance Church.
President Farr made the following announcement:
(1) Immediately preceding the Council meeting the City Council held
an Executive Session to discuss "Contract Negotiations"; and a
Study Session to discuss the Sinclair Landing project.
CONSENT AGENDA
NONE
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24,080, and those expense reimbursement claims certified
as required by RCW 42.24,090, have been recorded on a listing that
had been made available to the Council.
#0035 M/S/C/U(Colvin/Montgomery) on April 23, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 208124 through 108358 in the amount of $342,727.83; and
Regular Payroll for the period endingApril 15, 1997, in the amount
of $727,599.44.
COUNCIL MEMBER REPORTS
Mr. Winters reported he attended the weekend performance of the
Peninsula Dance Theater production of Romeo and Juliet, which was
held at the Admiral Theater. He congratulated the Dance Studio on
an outstanding performance and the Admiral Theater as their host.
His sister-in-law, who is visiting from California, commented that
the performance was like a San Franciso Ballet.
Mr. Overson welcomed his mother, who is visiting from Pensacola,
Florida. She has found the weather in Bremerton to be more
enjoyable than what she left in Pensacola.
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April 23, 1997
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Mr. Colvin was pleased to report that a conference call has been
scheduled on April 24, 1:00 P.M., in the Mayor's Office, with
General B. O. Davis, who served as General of the 9th Pursuit
Squadron. Mr. Colvin related that when General Davis attended West
Point he experienced complete silence from his fellow students
except in the line of duty. A number of individuals have been
invited to share in the conversation with General Davis over some
of the matters he included in his book "B.O. DAVIS AMERICAN".
MAYOR'S REPORT
Mayor Lynn Morton thanked the many volunteers, who participated in
the Sinclair Inlet Clean up event on April 19.
Mayor Horton read the following proclamations:
(1) APRIL 26, 1997, ART DAY in Bremerton. Carol Atkinson,
Bremerton Main Street Association and a representative of the
Westsound Arts Council accepted the proclamation and invited
everyone to attend the Art Walk on April 26.
(2) APRIL 26, 1997, Loyalty Day in Bremerton. Ret. Sgt. Major Bob
Sauter accepted the proclamation on behalf of all Veterans Of
Foreign Wars.
Mayor Horton concluded by thanking all of the voters for their
participation in the special election held April 22.
PUBLIC RECOGNITION
Don Larson, President Washington Scuba Alliance and Kitsap Diving
Association, reported on the Sinclair Inlet Clean Up event held
April 19. He especially appreciated the large turnout of volunteers
from the USS Carl Vinson. Me thought awarding the volunteers with
a Certificate of appreciation would be appropriate and hoped the
City would take on that effort.
Larry Dickerson, Bremerton resident, questioned how many City
Council members meet at least quarterly with their constituents and
in those meeting do they push the Blockwatch Program? Two weeks
ago he requested the Mayor and The Sun to develop an education
program on the drug and crack houses within the inner city of
Bremerton. He patrols 25 square blocks within his Blockwatch area
and based on that experience believes the selling and use of drugs
is rampant and an epidemic among young people. He wants the City
of Bremerton to be known as a city that fights drugs.
7A - APPOINTMENT OF ANNA HOEY-DORSEY TO THE DISABILITY ACTION
COMMITTEE, #AB97-080
There is a vacancy on the Disability Action Committee. It is
recommended the vacancy be filled by Anna Hoey-Dorsey.
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April 23, 1997
Page 3 of 19
Mayor Horton reviewed Ms. Hoey-Dorsey's background that included
15-years in the Washington Association For Post SecondaryEducators
and the Disabled. And, that she has worked with the Disability
Action Committee as a volunteer for many months. Ms. Hoey-Dorsey
is not a City resident, but since that position has been vacated,
it is possible to appoint someone that does not reside in the city.
Mayor Horton urged Council to confirm the appointment of Ms. Hoe-
Dorsey to the Disability Action Committee.
Public comment - none.
#0707 M/S/C/U(Montgomery/Huff-Menees) to confirm the appointment of Anna
Hoey-Dorsey to the Disability Action Committee.
Mrs. Huff-Menees stated the City was fortunate to have an
application of this quality for this committee and expressed her
appreciation for Ms. Hoey-Dorsey's willingness to serve in this
capacity.
Mayor Horton pointed out the Committee has been very active in
looking at the prioritization of the needs both out in the
community and in City facilities. The committee has presented
several recommendations that are minor in nature, but make a huge
difference to people with disabilities. If a capital requests
comes up because of those inspections, the Committee will be asked
to prioritize the needs so that the City could either apply for
Block Grant funding or include them in the 1998 Budget process.
7B - A.L.I.V.E. DOMESTIC VIOLENCE PROGRAM CONTRACT, #AB97-081
This is a continuation of the professional services agreement with
the A.L.I.V.E. Program. This is a pass-through grant from the
Department of Community Development.
James Kelley, Poulsbo resident, asked if funds were available to
counsel the perpetrators as well as shelter for the victims? Lt.
Rob Forbes, Bremerton Police Department, stated no.
Mr. colvin requested Lt. Forbes explain the function of the
A.L.I.V.E. shelter. Lt. Forbes stated from a Police Department
prospective, they are a very important entity or advocacy group and
they work closely with them. Domestic violence assaults are not
decreasing in the Bremerton area and many victims receive
assistance through the A.L.I.V.E. Shelter.
Linda Kroum, A.L.I.V.E. Program Director, stated they have seen
fluctuating numbers of domestic violence reports in Kitsap County,
but that is not always because it has decreased, it is a very under
reported incident. She noted there are also male victims of
domestic violence. Two years ago she came before Council and
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April 23, 1997
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stated there were 31 shelters in Washington State, with the
A.L.I.V.E. shelter being one. One year ago there were 42 such
shelters in Washington state and in 1997 there are 50+ shelters.
In answer to services available for males, they do provide
information through their Crisis line for male victims and also for
the alleged abusers or perpetrators that are seeking treatment
through referral information and their legal advocacy components.
And, they are looking for ways to increase their support for all
peoples involved in these family issues.
#0931 M/S/C/U(Montgomery/Colvin) to approve the professional services
agreement with the A.L.I.V.E. Program, and authorize the Mayor to
sign, subject to City Administrative Policies and Procedures.
7C - WATER FLUORIDATION ISSUE, #AB97-079
City Council has been approached to consider the implementation of
water fluoridation in the City of Bremerton water distribution
system. Water fluoridation is a public policy decision.
Kathleen Cahall, Water Resources Manager, stated the Department of
Public Works and Utilities is neutral on whether or not fluoride is
added to the drinking supply. Currently, the City does not add
fluoride and testing shows that there is less than detectable
levels of fluoride, which is less than 0.2 parts per million (ppm).
Water fluoridation is a policy decision and if directed to do so,
the Department would increase the fluoride to approximately 1 ppm.
Only approved additives would be used. One of the most common
questions asked is how will the Department assure this process is
operated correctly. Proper operation and safe guards will assure
that only correct levels of fluoride would be added. All Bremerton
Water Operators are certified, experienced and would receive proper
training. The fluoride system would be carefully designed and
constructed. Currently, the Water System is monitored 24-hours per
day and has an alarm system to alert staff to conditions in that
system, which would include the fluoridation process, if approved.
There would be continuous measuring of fluoride levels. The
estimated cost to implement fluoridation would be approximately
$90,000 per year for operation/maintenance, chemical costs and
capital, which equates to about $1.80 per person per year. She
emphasized these estimates are based on a pre-design report.
Bremerton water customers can be confident that the water system
will be operated in a safe and responsible way.
President Farr announced testimony during this hearing will be
limited to those individuals who did not give testimony at the
April 16 Public Hearing on fluoridation, and testimony will be
limited to 3-minutes per person. He noted if a member of the
council wished to call someone forward to speak that had given
their input at the April 16th hearing, they would be allowed to
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April 23, 1997
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speak.
Paul Drnjevic, Bremerton resident, challenged the City Council that
he had been shorted by 8-minutes during the April 16 Public Hearing
on fluoridation and felt he was entitled to that time during this
discussion. President Farr pointed out Mr. Drnjevic had given
testimony at the prior hearing and requested that he to be seated.
The following individuals spoke in support of fluoridation: Larry
Eyer, Executive Director KCAP; Bill Clarke, Pharmacist, President
of the Bremerton Area Chamber Of Commerce; Karen Flynn, Kitsap
County Auditor and Kitsap Cares member; Dave Gitch, President/CEO
Harrison Hospital; Dr. Christins H. Larson, Kitsap Children's
Clinic, Co-Chair of Department of Pediatrics/Harrison Hospital;
Barbara Malich, Executive Director Kitsap community Health Center;
Barbara Boyd, 303 Callahan Drive; Dr. Tom Curran D.D.S., Kitsap
County Dental Service; Dr. Jeff V. Hayes D.D.S, Bremerton
children's dentistry; W. B. Paulin D.D.S., Silverdale; Janet
Thurston, 3538 NE Shore Cliff Street; Dr. Willa Fisher, Bremerton-
Kitsap County Health District; CherVl Resao, Dental Hygienist;
Larry Dickerson, 848 4th Street Apt. A; Russ Hauge, Kitsap County
Prosecutor and member of Kitsap Cares Partnership.
(Note: Comments from the speakers are recorded on cassette tapes
#1458, #1459.)
The following comments summarize the testimony given by the above
named individuals in support of fluoridation: Members of the
Kitsap County medical and dental community speaking in support of
fluoridation believe it is the most efficient and economical way to
prevent tooth decay. Their opinion is based on many years of
medical/dental service provided to residents, particularly in the
Bremerton area, where they observed greater tooth decay in children
than those coming from areas were water fluoridation was available.
Even though some children were given individual fluoride treatment,
which can be difficult to administer on a daily basis by parents,
and used fluoride tooth paste, it did not guarantee that they would
not be susceptible to tooth decay. Scientific studies have been
conducted over the past 50 years that confirm that fluoridation in
water increases the chances for healthier teeth and does not
adversely affect the body, i.e., brittle bones, causes cancer, or
is harmful to other organs etc. Member of the Kitsap Cares
Partnership lent their support to fluoridation believing it will
benefit people Of all income levels and particularly have a
positive impact on those families in the lower income level. Many
children seen by local pediatricians and or required emergency
services at Harrison Hospital have required emergency dental
surgery due to the poor condition of their teeth. Local dentists
have volunteered their services within the community as well as
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April 23, 1997
Page 6 of 19
staffed the Emergency Room Watch to assist in emergency treatment
cases. Those opposing fluoridation have raised the issue of
fluorosis occurring in teeth. A children's dentist pointed out
fluorosis is a discoloring of the tooth enamel; however, such teeth
are more resistant to tooth decay than those with regular enamel.
Several speakers emphasized it is within the City Council's purview
to vote to implement fluoridation without taking it to the vote of
the people and they should exercise that right. Also, that
approving fluoridation would be a great gift to fellowman to
prevent disease. Concern was registered as to the way people were
approached by those opposing fluoridation and seeking signatures on
petitions.
The following individuals spoke in opposition to fluoridation: Roy
Hocker, 3311 Rodgers Street; Harry Tangen, 315 Shore Drive; Gene
Mosbarger 100 #A Galyan; James Cochran, 1424 Lindberg Place;
Janice Jones, 1440 17th Street; Kathy Kelly, Warren Avenue, StePhen
Martz, 1721 Kitsap Lake Road; Cindv L. Angel, 360 Tremont Street,
Port Orchard; Palmet O'Hanson, 2504 E. 22nd Street; Robert Zauper,
120 North Callow Avenue; Nancy Ann McKelvy, 1018 9th Street;
HoDkinS, 916 Washington Avenue; Teresa Findlay, 1309 Elizabeth;
James Hopkins, 916 Washington Avenue; Dan Zimpson; Geegee Holt; Ed
Rollman, Highland Avenue.
(Note: Comments from the speakers are recorded on cassette tapes
#1458, #1459.)
The following comments summarize the testimony given by the above
named individuals speaking in opposition to fluoridation: It is
a common belief that proper dental hygiene reduces cavities and
that dental care should be left up to the individual and not be at
the expense of the taxpayers. Fluoridated water can cause the
immune system to become damaged. There is no scientific data to
support the claim that fluoridation reduces tooth decay. The
decision to implement fluoridation should be left up to the vote of
the people. Fluoridated water can heighten the risk of more cancer
in those who have already been treated for cancer. Tooth decay is
caused by poor diet and lack of proper dental hygiene. The
decision to implement fluoridation is tied into welfare issues. It
was suggested a choice program for fluoridation could be set up in
the schools. Many people are severely sensitive to fluoride and
chlorine in water and would be forced to buy bottled water. The
question was raised "who will pay for bottled water if a person
cannot drink the fluoridated water? Fluoride is a toxic waste
chemical. Fluoridation is a political issue and if implemented it
will cost Council members votes. A concern was raised about not
wanting to water lawns and gardens with fluoridated water. Many
studies were cited that support the position that fluoridation is
harmful rather than beneficial. (Note: A number of speakers handed
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April 23, 1997
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in signed petitions opposing fluoridation, which will be on record
in the City Clerk's Office.)
Mrs. Huff-Menees thanked everyone who spoke at the two hearings
and/or provided data both for and against fluoridation. She agreed
with Karen Flynn, Kitsap county Auditor, that this was not an issue
that lent itself to referendum, but rather a policy issue that has
to do with a City utility and service provided to the citizens of
Bremerton. Council members were elected as the Legislative body
for the City and as a policy issue she believes Council needs to
make this decision for the citizens. She too has some concerns
about how the petitions were gathered after personally hearing how
people were approached to sign those petitions. She viewed those
actions as "scare" tactics and was offended by the way the petition
presenters presented the issue. Her work history included working
in a pediatric dental practice where she observed how a lot of well
intended people did not understand the importance of dental health
for their children. During that time, she saw many babies with
"baby bottle" decay and many children of older ages that had
tremendous decay, none of whom had benefit of fluoride. She
supports fluoridation and was very up front with individuals that
called her, who were opposed to fluoridation. She understood that
making a decision could have political implications, but the public
elected the Council to do the right thing.
(TAPE #1459)
#1731 M/S/C(Huff-Menees/Montgomery) the City Council administered a
public hearing on water fluoridation on April 16, 1997. Council
action is requested on April 23, 1997 to direct the Mayor to
implement fluoridation as soon as practicable.
Mr. Overson stated Initially, he was a strong opponent to
fluoridation, which prompted him to research why the medical/dental
professionals consistently campaigned for fluoridation. He
emphasized we give our lives to doctors and dentists seeking their
help to prolong our lives. This nation enjoys some of the longest
and healthy living of any nation in the world because of the health
professionals and the fantastic job they do. Based on his
research, he will support the motion as presented.
Mr. Winters stated his opposition to fluoridation and because he is
not re-running for his elected position, he was not concerned about
any political implications as a result of a vote on this issue. He
was concerned about people's rights and the data that he has been
provided whether it is true or not true, factual or emotional. He
found it difficult to acknowledge all of the information and
testimony given over a four week period and come up with a solution
and then vote. The political correct thing to do, in his opinion,
would have it be a vote of the public, but Council members are
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April 23, 1997
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voted in to make decisions. He challenged the appropriateness of
the Council hearing further testimony from Dr. Willa Fisher on
fluoridation at their Retreat on April 19, without giving the
opposition equal time to share their views. He pointed out there
are issues in the courts in Pierce County and City of Tacoma that
create cities to become members of lawsuits and cost the taxpayers
even more money. It concerned him that Mr. Drnjevic was gaveled
down from speaking at this hearing and felt he should have had the
opportunity to speak on this issue considering Council's actions on
April 19. He brought with him a video that reveals how children
under six years of age should not use fluoride without the
supervision of parents. He pointed out the "poison" makings on the
back of the packaged bottle of fluoride. He believes the greatest
asset and resource of the City is its purest, freshest form of
water. He asked Ms. Cahall to explain the City's rating compared
to other cities within the state without the use of filtration.
Kathleen Cahall, Water Resources Manager, stated the City of
Bremerton is one of the few surface water systems in the country
that does not have to filter its water. The water is disinfected
through the use of chorine, which is very efficient and most cost
effective method of disinfection. In addition to the surface
water, the city has wells that supply approximately 40% of the
water supply. Bremerton's water is very soft, but is corrosive and
the City will be adding additives to the water in about one year to
make it less corrosive, which is required by State and Federal
regulations. Mr. Winters questioned how the City's water rated
with other areas? Ms. Cahall explained there is no rating system
for water systems. The City holds a (green) Permit, which means
the City does not have any violations. She acknowledged Bremerton
has a good rapport with the regulating State agencies and the
Bremerton Kitsap County Department of Health. Mr. Winters
emphasized the fact he is very proud of the quality of Bremerton's
water. He acknowledged the number of people speaking before
Council have been nearly equal for those in support and those in
opposition, which substantiates for him the best method would be to
place the issue before the vote of the people. He wanted to know
Mayor Horton's position on this issue; however, she was not present
to respond. Mr. Colvin called for a point of order emphasizing
this issue was an issue for the Council, not the Mayor. Mr.
Winters asked Pete Crane to come to the podium and asked him if he
represented, as a broker, any company that sells items that are
marketed for the use in water systems in and across the United
States? Pete Crane, Financial Consultant with Smith Barney and
President of United Way of Kitsap County and member of Kitsap Cares
Partnership, explained he does not represent any chemical companies
and only represents himself and invests clients assets in companies
of all types. If someone owns mutual funds or is in the Thrift
Statement Plan for the U.S. Government, one would own some chemical
companies whether or not it is Dupont, Allied, etc., who could make
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April 23, 1997
Page 9 of 19
such products. Mr. Winters asked if he represented any clients
that purchased such investments? Mr. Crane states yes, as
previously explained. If Mr. Winters' interested was what
financial interests he had in fluoridation, he felt it was
important that he have the right to defend himself, since his
reputation was challenged. It concerned him that Mr. Winters was
trying to establish some kind of financial interest in what he does
and what someone else is doing. Mr. Winters stated there is not
that implication because he will ask the opposition if there is any
financial interest for them on their stand. He asked that Paul
Drnjevic, representing the opposing side, on a point of appearance
of fairness be allowed to speak at this time based on the fact he
was shorted his time during his opening statement at the April 19
hearing. President Farr stated he believed Council had made every
effort to be fair during this hearing and recounted the times
Council heard from both sides including a 1-hour video made
available to Council members by Mr. Drnjevic, two public hearings,
and many other opportunities. He was not willing to bend the rules
as established earlier in this meeting, because it would open the
door to untold miseries about appearance of fairness. Mr. Winters
stated for the record he has asked and been denied. He concluded
his remarks by playing a portion of a 6-minute video that opposed
fluoridation.
Mr. Colvin questioned if the citizens had the right to refer this
issue to the vote of the people? Ian Sievers, City Attorney,
stated he thought it was part of an initiative ordinance possibly
to control the program that is being addressed at this hearing...as
an Initiative Petition. Mr. Colvin asked if he heard correctly
that the citizens could not change the policy, if Council approved
implementation of fluoridation? Mr. Sievers stated if might be
possible, if they gathered enough signatures to place an Initiative
Ordinance on the ballot. There are some issues that cannot be
regulated through a citizen directed initiative; however, he felt
this issue was one that could be. Mr. Colvin questioned if Council
approved fluoridation and citizens find they actually suffer ill
effects, what would be the possibility of recovery in such a suit?
Mr. Slavers stated it depends on what evidence they would have to
base their suit. He believed Council was well within a realm of
reasonable care given the current evidence of the safety of
fluoride additive. Under the current state of knowledge presented
to Council, he did not believe they would be breaching a reasonable
standard of care and would not be liable for a fluoridation
program.
Mr. Law reported at his March Neighborhood meeting he polled those
attending how they felt about fluoridation and whether or not they
wanted to vote on such a proposal or if they wanted him, as their
elected official, to make the decision. Eighty percent of those
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April 23, 1997
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individuals said to place it before the voters. He spent part of
April 21 and most of April 22 calling his constituents and asking
if they were in favor of a vote being made by the Council or by the
people? The vast majority again responded to put it to a vote of
the people and the others urged him to vote as their Council
representative. The second question he asked was how should he
vote if the proposal is not to submit it to the people for a vote?
Again, the vast majority responded they would support implementing
fluoride. (Note: Mr. Law made an amendment to the motion to send it
to the voters; however it died for the lack of a second.)
Mr. Neville stated he was raised in this community and he
personally experienced a large amount of tooth decay that he
attributes to non-fluoridated water and poor dental care. He
recalls a few months back a young lady came before the Council
pleading for help finding someone to treat her rotting teeth. The
Health Officials have determined fluoridation does make a
difference and supporting testimony has been given from various
individuals throughout the County where fluoridation was
implemented without any major signs of poisoning among people. He
stressed the need to help one another and as stated in the Reader's
Digest article most livable cities to raise children are places
where people work together, trust each other and where families can
and do shape their own communities. By implementing fluoridation we
are helping our community and future community. As a parent, he
was fortunate to be in a financial position to make sure his son
received proper dental care and fluoride treatment in his early
years, which resulted in excellent dental health. He truly
believes that fluoridation does work for the dental good of our
youth. Many times Council members have to make tough decisions,
but they are choices for the good of the all, not just for today,
but also into the future. He assured everyone that he gave serious
consideration to all the data provided both pro and con. He is
also very proud of the city's water system, but acknowledged it was
developed by our forefathers and it is because they looked at the
future that we do have the water. Now, this Council has to look at
the future of the upcoming youth of Bremerton and the surrounding
community and he will support implementing fluoridation in
Bremerton's water system.
Mr. Montgomery stated initially he was totally neutral toward
fluoridation, since it would not help or hurt him and he has no
financial investments in fluoride or dentistry. He has patiently
listened to all the testimony, reviewed the data provided by both
the pro and con and held discussions with constituents. It did
concern him that some of the opposing data appeared as incomplete
references and excerpts, which did not, in his opinion, validate
the facts being presented.
TAPE #1460
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City Council Reg. Mtg. Minutes
April 23, 1997
Page 11 of 19
Mr. Montgomery also questioned the method used to obtain signatures
on the petitions that were circulated by those opposing
fluoridation. He was much more impressed with those giving
testimony before the council than the 800 signatures on the
petitions. When he asked his constituents if he should vote on the
issue or put it before the voters, their response was for him to
vote on implementation. He chose to trust the medical/dental
community's recommendation because they are the experts on this
subject and he supported the implementation of fluoridation,
regardless of any political implications that may follow.
Mr. McConnell stated initially he supported the idea of putting the
issue before the public for a vote, but after reviewing an
extensive amount of data, watching two videos, listening to the
testimony and receiving telephone calls, he concluded that
fluoridation would be good for Bremerton. He also concluded that
if he voted to place the issue for a vote of the people, he would
be shirking his duty as a legislator for the City. Therefore, he
will vote to fluoridate the City's water.
Mr. Colvin referenced a letter he received from the Mayor of
Poulsbo that stated in the 20 years their water has been
fluoridated he was aware of only two complaints.
President Farr stated he was proud of his ability to vote on this
issue and voting was one of the most important duties of a City
Council member. He is very guarded in giving away that voting
right and during his 3 1/2 years on the Council he only abstained
from voting three times. He gave serious consideration to the
motives of those in support of fluoridation, particularly members
of the Kitsap Cares partnership, who have donated their time, and
could find none other than honorable for the work that they do. He
will definitely support implementing fluoridation.
Vote on Motion: In Favor: Montgomery, Huff-Menees, Neville,
Farr, Overson, McConnell, Colvin, Law
Opposed: Winters
Motion carried.
8A - PUBLIC HEARING ON TCI CABLE RATE INCREASES, #AB97-082
TCI has applied for cable rate increases to go into effect June 1,
1997. City Council action is not required per FCC rules. Staff
has reviewed the rate applications for adherence to FCCrules. TCI
will make a presentation on why they are increasing cable rates.
Paul Johnston, Deputy City Clerk, reminded Council that FCC
regulations were amended several years ago to preclude the Council
from approving rate increases. TCI is proposing, as of June 1,
that the Basic Tier Rate will decrease from $12.28 to $11.83. The
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reduction is due to a correction being made as a result of their
1996 projections for future costs of programming, corporate fees
and running cable TV. The Expanded Basic Tier increased from
$12.98 to $13.32. The channel line up numbers have remained the
same, but there has been a small change in the channel line up.
Patrick McDonald, TCI General Manager, will make a presentation to
Council to explain what has changed over the past year to create a
rate increase in all other categories and a slight decrease in
Basic service. Ms. Johnston reviewed the applications from TCI and
to the best of her knowledge their methodology and accounting
practices were according to FCC rules and guidelines.
Patrick McDonald, General Manager, reviewed the Basic Tier and
Expanded Tier rate proposals as outlined by Ms. Johnston. The
factors involved in a rate adjustment are inflation, adjustments
from the projection periods from June 1996 filing, programming
costs and interest. He pointed out the proposed rates would
include State Excise Tax and Utility Tax. Customers receiving
Basic and Expanded service will see an 11 cent decrease in their
rates effective June.
Rate increases and decreases for Installation and Equipment Rates
are proposed, which are one time charges. The driving force behind
those changes is time associated with the work that is done at the
customer's home or business and the cost associated with the
products and devices placed at a residence.
Rate changes for the 48 Channel Package, which is limited to 3% of
the Bremerton area, show the Basic Tier decreasing by 12 cents
($12.16) and the Expanded Tier increasing from $12.98 to $17.62,
which are a result of the additional services provided to those
customers.
TCI's Community involvement include: TCI Armed Forces Day Queen's
Pageant (1997 is 7th year); September Education Campaign (TCI sets
aside $5.00 from every new installation to support education
services in the communities they serve); TCI Education Campaign
(provides free services to schools to assist in the education
process. Networks such as Discovery, CNN and A&E provide
curriculum ideas and materials free of charge); Sponsorship and
Donations (TCI donates services to various organizations in the
community in support of schools, local organizations and many
business groups); NCTA Seal Of Customer Service Excellence (TCI has
been recognized for maintaining high customer service standards).
Continued Growth of New Products: The Sega Channel (offers over 70
individual games per month at a low monthly charge $14.95); Sprint
Alliance (offers special discounts to subscribers when they switch
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City Council Reg. Mtg. Minutes
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Page 13 of 19
to Sprint Long Distance service - $2.00 credit each month for one
year and if additional services are subscribed to that credit goes
up to $4.00 per month for one year); Kid Control Remote Controls
(offers parents more control over their children's viewing
choices).
Also provided were: (1) example of TCI's Rate Cards for Bremerton,
Poulsbo and Kitsap County; (2) Channel Guide for Bremerton, Poulsbo
and Kitsap County; (3) letters of support.
James Kelley, Producer with Westsound Cable Television Access and
Poulsbo resident, stated the media of the Bremerton area is the
reflection of the spirit within the community and everything that
Council does with TCI is extremely important in reflecting that
spirit. He thanked the City and TCI for their continued support of
community access television.
Larry Dickerson, Bremerton resident, expressed concern over TCI's
pattern of moving programming off of channels that are viewable to
unwatchable channels, i.e., CBTU and C-Span. He wanted a reduction
in his cable TV costs for the non-viewable channel programming TCI
provided. Previously, he had 7 documented orders where TCI came to
his residence to analyze the problem; however, nothing changed and
Channel 19 is still unwatchable. He felt TCI should be more
responsive to such concerns and/or the City Council maximize their
powers over the service that is delivered to the consumer. He
asked if anyone knew the approximate cost of the voice of democracy
(C-Span)? He pointed out it amounts to approximately $250 million
that FOX donated to TCI for upgrading their equipment in order that
they could carry more channels.
Shannon Watson, member of Westsound Community Access Television,
asked if WSCAT depends entirely on government relations with TCI
and Falcon Cable, why they were not included in these negotiations?
John F. McDonald, Bremerton resident, stated his concern over TCI's
shuffling of channels. When Sonic games are televised, TCI
scrambles the picture on Channel 29, which is a channel he pays
for. When he complained to TCI they stated they would reimburse
him, which resulted in a 6 cent discount. He did not support TCI
getting a rate increase and emphasized what they need is
competition.
Paula Johnston, Deputy City Clerk, stated in reference to Ms.
Watson's question, Westsound Community Access Television is a
contractor chosen by the City to provide public access for the
community and have no standing in negotiations, which is between
TCI and City of Bremerton.
TAPE #1460
City Council Reg. Mtg. Minutes
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Mr. McDonald stated the issues behind channel realignment are very
difficult. When the Sonics are carried on TNT and also carried on
a broadcaster in the Seattle market, TCI is within a 35-mile radius
and required to black out that program on the channel it appears.
The rights for that program have been purchased by a Broadcast TV
affiliate within the Seattle market and TNT cannot compete with the
same game on a different channel. Other areas, such as Aberdeen
can receive that program over TNT; however Seattle ADI cannot. The
scrambling is done from TNT, not TCI. TCI does provide a discount,
even though it is small, because they have no control over the
issue. The C-Span/CBUT issue was very difficult and the decision
to move those programs was made based on their popularity with the
viewers. Rather than delete one or the other, they chose to split
the viewing time on one channel in half. As TCI works through and
continues negotiations with the City, the line up capacity will be
increased, which would allow breaking up C-Span and CBUT. As
programmers, there are alternative services and TCI competes for
viewers.
Kathleen McCluskey, Director of Administrative Services, stated
like many of the other areas of cable management, the Council has
no control over channel line up and is totally within TCI's
control. This is another area where the public becomes confused
over what the City can and cannot regulate under the franchises.
Unfortunately, we can do very little since the Telecommunication's
Act controls a great deal of what cable companies can do and their
performance. she pointed out the public has more of an impact on
the cable companies when they voice their complaints and concerns
directly .
Mr. Law pointed out some of the decisions being made by TCI are not
at Mr. McDonald's level and he was somewhat offended as to what Mr.
McDonald is required to say. As an example, the FOX News Channel
in order to get on line, paid the corporations, according to the
Wall Street Journal, $10.00 per customer. He asked if a reduced
rate was given to all customers affected by the scrambled channel
or does the subscriber have to call in and request a reduction?
Mr. McDonald explained as authorized under the franchise, TCI does
not have to offer refunds until a 24-hour outage occurs. They do
offer refunds regardless of that clause, if a customer calls up to
complain about their service being out, regardless of the duration.
Mr. Law suggested during franchise discussions the City pursue with
TCI that when a situation arises where every customer is blacked
out on TNT for a period of time that a class refund is effected for
everyone. If that happened, maybe TCI would be more interested in
responding to the public's concerns. In his opinion , the
customers are getting "short changed". Mr. McDonald noted that was
an area where TCI has tried to respond in a situation that they
have no control. Mr. Law asked if TCI customers were paying to
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City Council Reg. Mtg. Minutes
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Page 15 of 19
have access to the blacked out channel? Mr. McDonald stated they
were paying for TNT, which is part of the package. Mr. Law noted
he may have misunderstood the point and thought some TCI customers
had access to the blacked out channel through the use of a de-
scrambler. Mr. McDonald explained when TCI turns off the TNT
channel no one can view it.
Mr. McConnell stated a year ago when Mr. McDonald was before
Council he brought up his concerns about Channel 19. Since the
shift of C-Span and CBUT, that channel is hardly viewable; however,
now he is getting radio communications interfering with his audio
on his TV between 5:00 AM - 6:00 AM. Mr. McDonald stated TCI has
received a number of complaints related to that issue. He offered
to do an equipment check at Mr. McConnell's home to determine if he
had a cable connection problem. He explained a signal, as
described by Mr. McConnell, ingresses onto a location within a home
and jumps in a voice communication and is delivered on Channel 19.
He felt confident that the majority of the problem could be handled
through adjustment to in-home wiring. Mr. McConnell questioned if
FCC rules were being violated either by the paging company or by
TCI if both are using the same frequency? Mr. McDonald stated no,
the cable television service uses a sealed cable to delivery
frequencies inside the cable system. Channel 13 is the most
difficult to work around because their transmitter is located in
Bremerton on Gold Mountain.
Mr. Winters noted the City's Citizen Cable Advisory Committee no
longer exists; however during their last meeting the same issues
were discussed... rates, service, problems, signals. In the last
two weeks he learned that TCI is very much aware of the world's
fiber optics direction, digital compression, and new markets of
competition. He believes good things will happen to better the
service and it has brought TCI to the negotiating table to change
dollar figures and motivation. He complimented Mr. McDonald on the
manner in which he represents TCI, but acknowledged that what is
being offered to Bremerton customers could be better. Mr. McDonald
stated he was proud of the quality product offered by TCI, which he
believes is one of the best. Mr. Winters noted service always has
room for improvement, even government. He urged Mr. McDonald to
forward on Council's concerns to TCI's upper management so they can
be taken into consideration when future decisions are made.
Mr. Colvin expressed his appreciation of Mr. McDonald always
providing responses to questions; however, he suggested a little
better public relations could be put forth by TCI when certain
conditions arise that affect all of the subscribers.
Mr. Neville asked how long TCI had provided cable TV service in
Bremerton? Mr. McDonald stated TCI took over management in
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City Council Reg. Mtg. Minutes
April 23, 1997
Page 16 of 19
Bremerton in approximately 1974-1976; however, the cable system
has been in place since 1965. Mr. Neville noted in 1994 the FCC
adopted regulations to control what cable companies can do and the
rates that can be charged. Mr. McDonald explained the FCC derived
a formula that they believed would develop fair cable pricing
throughout the nation. Mr. Neville observed that possibly TCI
overcharged on all of their services about $43.44 since 1976 to
1994. And, since the regulation rates of July 1994 to June 1997
costs have increased by $83.00, which he found to be a healthy
increase. He asked what has TCI done, over the past three years,
to upgrade the quality of channels received by Bremerton customers?
Mr. McDonald stated the numbers identified include a number of one
time charges related to installation. The kind of work performed
at customers homes are much different and the quality of the cable
continues to increase. They are always improving the installation
work that is required and now must be able to handle the new
services of the future. Over time, the Basic and Expanded rates
will show a little different move as they work under FCC Rule 1240
rate regulations. Mr. Neville referenced the letters of support
provided by TCI, particularly those involving providing community
service. He questioned the percentage of TCI customers residing in
Bremerton? Mr. McDonald estimated 45%. Mr. Neville questioned if
he understood correctly that of that 45% only 3% of those are
getting the 48-channel package like that provided to County
customers? Mr. McDonald stated yes. Mr. Neville questioned if Mr.
McDonald saw that changing in the foreseeable future? Mr. McDonald
stated yes, in the near future. Mr. Neville noted he read a letter
that Mr. McDonald had written to Westsound Community Access
Television indicating that he did not believe Bremerton supports
Westsound Community Access Television. Mr. McDonald stated that
letter was responding to an individual that had questioned TCI's
support of the program. Mr. Neville stated he recalled the letter
was addressed to the whole Board, not an individual. Mr. McDonald
stated it was addressed to an individual on that Board of
Directors. Mr. Neville asked Mr. McDonald if he still held that
same opinion about Bremerton? Mr. McDonald stated he believes
there is a good working relationship between TCI and Bremerton. In
his letter he was only addressing some specific points brought up
by an individual, he had nothing negative to say about the City of
Bremerton. Mr. Neville asked if Mr. McDonald believes the City
supports Westsound Cable Access Television. Mr. McDonald stated he
thinks the City supports them as well as TCI, since they were the
ones that started the Bremerton Cable Access program, and is still
supported by both entities. Mr. Neville stated he strongly
supports Westsound Community Cable Access Television and that it is
the right move now and into the future.
8B - PUBLIC HEARING ON TCI CABLEVISION AND FALCON FRANCHISE
EXTENSIONS, #AB97-083
TAPE #1460
City Council Reg. Mtg. Minutes
April 23, 1997
Page 17 of 19
The TCI and Falcon franchises expired on April 1, 1995. We have
had two prior one-year extensions while negotiations were taking
place. The attached extensions are for the periodApril 2, 1997 to
April l, 1998, or completion of franchise negotiations, whichever
occurs first.
Kathleen McCluskey, Director of Administrative Services, stated
like many other things under the Telecommunications Act, the City
is not able to not renew or extend a franchise except in some very
specific situations. In this case, if the City had initiated a
revocation, there would be no request for an extension; however the
cable companies are notin violation of the current franchise.
Also, meaningful negotiations are underway, but if negotiations had
broken down, then the City could look at a revocation or non-
extension. Both of those items are in order and negotiations are
very close to conclusion. Under those terms, it is recommended
that both franchises be extended for one year or until completion
of negotiations. Negotiations with Falcon Cable TV will start once
the City has completed negotiations with TCI.
Public comment - none.
Mr. Montgomery stated he has never voted to approve a franchise and
felt the people of the United States should write their Congressmen
and tell them to quit giving monopolies to certain people, i.e.
cable television.
#1738 M/S/C(Huff-Menees/Colvin) to approve extension of franchise
agreement with TCI Cablevision of Washington, Inc. for the period
April 2, 1997 to April 1, 1998, or completion of franchise
negotiations, whichever occurs first.
Vote on motion: In Favor: Winters, Huff-Menees, Neville, Farr,
Overson, Law, McConnell, Colvin
Opposed: Montgomery
Motion carried.
#1760 M/S/C(Colvin/McConnell) to approve extension of franchise agreement
with Falcon Video Communications, L.P. for the period April 2, 1997
to April 1, 1998, or completion of franchise negotiations,
whichever occurs first.
Vote on motion: In Favor: Winters, Huff-Menees, Neville, Farr,
Overson, Law, McConnell, Colvin
Opposed: Montgomery
Motion carried
8C - PUBLIC HEARING ON TCI RATIFICATION OF UPGRADE REOUEST, #AB97-
084
TAPE #1460
City Council Reg. Mtg. Minutes
April 23, 1997
Page 18 of 19
The City Council at an October 10, 1996 Study Session directed
Mayor Horton to send a letter to TCI Cablevision requesting upgrade
of their system pursuant to Section 9 of the existing franchise
Ordinance No. 3975. This letter was sent on October 14, 1996.
Council is requested to pass a motion ratifying that action.
Kathleen McCluskey, Director of Administrative Services, stated the
City's current franchise allows the City to direct TCI to upgrade
the Bremerton system to 400 MHZ at such time that 30% of TCI
systems with similar demographics are upgraded to that level. The
Mayor's October letter requested that action. On the advice of the
City Attorney, the administration was requested to approve such
action in an open public meeting. While negotiations are moving
along, the City also wants to run a parallel track under the
current franchise and make sure the clock is still ticking on the
upgrade. Therefore, Council is being asked to ratify the letter
and reconfirm Council's motion.
Public comment - none.
Mr. Neville asked that the October 14, 1997, letter be read into
the record: Paula Johnston, Deputy City Clerk, read as follows:
To - Patrick McDonald, General Manager, TCI Cablevision Of
Washington - "Pursuant to the current franchise that TCI has with
the City of Bremerton contained in Ordinance #3975, the City is
directing TCI to upgrade the Bremerton system. Section 9 of the
franchise stipulates that TCI will provide expanded system
capability upon request when 30% of other TCI systems with similar
demographics have been upgraded to at least 400 MHZ operational
capacity.
The City has researched TCI systems of similar subscriber base on
a national, regional or state level using several data gathering
techniques including phone surveys and a national trade reference
book, BROADCASTING & CABLE YEARBOOK 1996. Our results have shown
that, using any size of geographic configuration, well over 30# of
TCI systems of Bremerton's relative size enjoy cable capacities
that are at or above 400 MHZ.
Also, Section 11 of the current franchise stipulates that TCI will
provide one forward channel for institutional use upon request from
the City. The City is hereby directing TCI to provide this channel
pursuant to the franchise between City buildings. Sincerely, Lynn
S. Horton, Mayor."
Mr. Overson expressed his appreciation of staff's putting this
proposal together and the cable company's willingness to work with
the City. He was sure Mr. Montgomery realizes that even though he
calls this a monopoly, it is not; and that there are plenty of
TAPE #1460
City Council Reg. Mtg. Minutes
April 23, 1997
Page 19 of 19
other sources to provide cable services.
Mr. Winters asked if this will be some of the tone into the new
contract negotiations? Ms. McCluskey stated yes, they are
discussing upgrade, when it will happen and how it will happen.
#1940 M/S/C/U(Neville/Montgomery) to ratify Council direction of October
10, 1996 to Mayor Horton to send a letter to TCI Cablevision of
Washington, Inc. requesting upgrade pursuant to Section 9 of the
existing franchise Ordinance No. 3975, and further reaffirm the
upgrade request as of this date.
President Farr thanked the TV camera crew for their services: Rob
Rupe, Jamie Campbell and James Noble Jr.
With no further business meeting adjourned at 9:45 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
DAVID D.F~ARRQ'~
City of Bremerton
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